Cap. 7:15 ARBITRATION ACT Act 6/1996 arbitration unless it finds that the agreement is null and void, inoperative or incapable of being performed. (2) Where proceedings referred to in paragraph (1) of this article have been brought, arbitral proceedings may nevertheless be commenced or continued, and an award may be made, while the issue is pending before the court. ARTICLE 9 Arbitration agreement and interim measures by court (1) It is not incompatible with an arbitration agreement for a party to request, before or during arbitral proceedings, from the High Court an interim measure of protection and, subject to paragraphs (2) and (3) of this article, for the High Court to grant such measure. (2) Upon a request in terms of paragraph (1) of this article, the High Court may grant— (a) an order for the preservation, interim custody or sale of any goods which are the subject-matter of the dispute; or (b) an order securing the amount in dispute or the costs of the arbitral proceedings; or (c) an interdict or other interim order; or (d) any other order to ensure that any award which may be made in the arbitral proceedings is not rendered ineffectual. (3) The High Court shall not grant an order or interdict in terms of paragraph (1) of this article unless— (a) the arbitral tribunal has not yet been appointed and the matter is urgent; or (b) the arbitral tribunal is not competent to grant the order or interdict; or (c) the urgency of the matter makes it impracticable to seek such order or interdict from the arbitral tribunal; and the High Court shall not grant any such order or interdict where the arbitral tribunal, being competent to grant the order or interdict, has determined an application therefor. (4) The decision of the High Court upon any request made in terms of paragraph (1) of this article shall not be subject to appeal. CHAPTER III COMPOSITION OF ARBITRAL TRIBUNAL ARTICLE 10 Number of arbitrators (1) The parties are free to determine the number of arbitrators. (2) Failing such determination, the number of arbitrators shall be three: Provided that where each party has any one of the following in Zimbabwe— (a) his place of business; or (b) if he has more than one place of business, his principal place of business; or (c) if he has no place of business, his place of habitual residence; the number of arbitrators, failing such determination, shall be one. -7-